中西方法文化的冲突与和谐——以宪政为视角

Conflict and Harmony between Chinese and Western Legal Culture——From the perspective of constitution

如何消解中西方法文化之间的冲突,并实现两者的和谐,是近代以来中国法文化学者一直在探索的课题。晚清知识分子提出"中体西用"论,试图以"西学"来维护封建统治的合法性;新儒学者们的"文化转型"论,则希望从传统儒学中创造性地转化出宪法文化。这些文化策略都以失败告终。要实现中西方法文化的和谐,就必须坚持"在法治的框架下扬弃传统文化"的文化策略。

The question of how to dispel the conflict between legal cultures in China and the western countries has been an important topic. The late Qing dynasty intellectuals proposed the theory in which Chinese culture was the main body and western culture was the assistance. New Confucianism proposed the theory of cultural reforming, hoping to transform the traditional Confucianism to the constitutional culture. These cultural strategies were not successful in the end. If we want to realize the harmony between China and the western legal culture, we should insist the cultural strategy that government should be governed by law.